Limitation on Liability of Lender’s Officers, Employees, etc. Any obligation or liability whatsoever of Lender which may arise at any time under this Agreement or any other Loan Document shall be satisfied, if at all, out of Lender’s interest in the Property only. No such obligation or liability shall be personally binding upon, nor shall resort for the enforcement thereof be had to, the property of any of Lender’s shareholders, directors, officers, employees or agents, regardless of whether such obligation or liability is in the nature of contract, tort or otherwise.
Limitation on Liability of Lender’s Officers, Employees, etc. Any obligation or liability whatsoever of Administrative Agent or any Lender which may arise at any time under this Agreement, any other Loan Document, or the Environmental Indemnity Agreement shall be satisfied, if at all, out of Administrative Agent’s or such Lender’s assets only. No such obligation or liability shall be personally binding upon, nor shall resort for the enforcement thereof be had to, the property of any of Administrative Agent’s or such Lender’s shareholders, directors, officers, employees or agents, regardless of whether such obligation or liability is in the nature of contract, tort or otherwise. LOAN AGREEMENT – Page 101[Summit Pxxxxxxxxx] EXECUTED as of the date first written above. ADMINISTRATIVE AGENT AND LENDER: CAPITAL ONE, NATIONAL ASSOCIATION By: /s/ Jxxxx XxXxxxxx Name: Jxxxx XxXxxxxx Title: Duly Authorized Signatory LOAN AGREEMENT – Signature Page[Summit Pennington] BORROWER: SUMMIT CXXXXXXX, LLC, a Delaware limited liability company By: Summit Healthcare REIT, Inc., a Maryland corporation, its Manager By: /s/ Exxxxxxxx Xxxxxxxxxx Name: Exxxxxxxx Xxxxxxxxxx Title: Chief Financial Officer LOAN AGREEMENT – Signature Page[Summit Pxxxxxxxxx] EXHIBIT A Description of Project Borrower: Summit Cxxxxxxx, LLC Name of Project Pxxxxxxxxx Gardens Address of Project: 900 X. Xxxxxxxxxx Drive, Chandler, Arizona 85224 Number of Residential Units: 60 assisted living 26 memory care Parking Spaces: 45 (43 regular; 2 handicapped) Legal Description of Land: That portion of the Southeast quarter of the Southwest quarter of Section 32, Township 1 South, Range 5 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, described as follows: Beginning at the Southwest corner of the Southeast quarter of the Southwest quarter of said Section 32; Thence North 00 degrees 01 minutes 28 seconds West along the West line of the Southeast quarter of the Southwest quarter of said Section 32, a distance of 453.00 feet; Thence North 89 degrees 47 minutes 21 seconds East, along a line parallel to the South line of the Southwest quarter of said Section 32, a distance of 32.00 feet to the True Point of Beginning; Thence continuing along said line bearing North 89 degrees 47 minutes 21 seconds East, a distance of 283.00 feet; Thence South 00 degrees 01 minutes 28 seconds East, along a line parallel with the West line of the Southeast quarter of the Southwest quarter of said Section 32, a distance of 382.00 feet to a point on a line parallel and 71...
Limitation on Liability of Lender’s Officers, Employees, etc. Any obligation or liability whatsoever of Administrative Agent or any Lender which may arise at any time under this Agreement, any other Loan Document, or the Environmental Indemnity Agreement shall be satisfied, if at all, out of the Administrative Agent’s or such Lender’s assets only. No such obligation or liability shall be personally binding upon, nor shall resort for the enforcement thereof be had to, the property of any of Administrative Agent’s or such Lender’s shareholders, directors, officers, employees or agents, regardless of whether such obligation or liability is in the nature of contract, tort or otherwise.
Limitation on Liability of Lender’s Officers, Employees, etc. Any obligation or liability whatsoever of Lender which may arise at any time under this Agreement or any other Loan Document shall be satisfied, if at all, out of the Lender's assets only. No such obligation or liability shall be personally binding upon, nor shall resort for the enforcement thereof be had to, the property of any of Lender's shareholders, directors, officers, employees or agents, regardless of whether such obligation or liability is in the nature of contract, tort or otherwise. EXECUTED as of the date first written above.
Limitation on Liability of Lender’s Officers, Employees, etc. Any obligation or liability whatsoever of Lender which may arise at any time under this Agreement or any other Loan Document shall be satisfied, if at all, out of the Lender’s assets only. No such obligation or liability shall be personally binding upon, nor shall resort for the enforcement thereof be had to, the property of any of Lender’s shareholders, directors, officers, employees or agents, regardless of whether such obligation or liability is in the nature of contract, tort or otherwise. EXECUTED as of the date first written above. LENDER: GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation By: /s/ Xxxx Xxxxx Xxxx Xxxxx, Authorized Signatory BORROWER: JP-KBS RICHARDSON HOLDINGS, LLC, a Delaware limited liability company By: JP-RICHARDSON, LLC, a Delaware limited liability company, Managing Member By: /s/ Xxxx X. Xxxxxx Xxxx X. Xxxxxx, Manager JOINDER By executing this Joinder (the “Joinder”), the undersigned (“Joinder Parties”) jointly and severally guarantee the payment and performance by Borrower of Borrower’s obligations with respect to environmental matters under Article 5 of this Agreement, and all obligations and liabilities for which Borrower is personally liable under Section 13.1 of the Agreement to which this Joinder is attached. This Joinder is a guaranty of full and complete payment and performance and not of collectability.
Limitation on Liability of Lender’s Officers, Employees, etc. Any obligation or liability whatsoever of Lender which may arise at any time under this Agreement or any other Loan Document shall be satisfied, if at all, out of Lender's assets only. No such obligation or liability shall be personally binding upon, nor shall resort for the enforcement thereof be had to, the property of any of Lender's shareholders, directors, officers, employees or agents, regardless of whether such obligation or liability is in the nature of contract, tort or otherwise. EXECUTED as of the date first written above. LENDER: GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation By: /s/ Dxxxx X. Xxxxxxxxxx Name: Dxxxx X. Xxxxxxxxxx Title: Managing Director BORROWER: COP – WESTERN AVE., LLC, a California limited liability company By: Cornerstone Operating Partnership, L.P., a Delaware limited partnership, its Sole Member By: Cornerstone Core Properties REIT, Inc., a Maryland corporation, its General Partner By: /s/ Kxxx Xxxxxxx Name: Kxxx Xxxxxxx Title: President and Chief Operating Officer EXHIBIT A
Limitation on Liability of Lender’s Officers, Employees, etc. Any obligation or liability whatsoever of Lender which may arise at any time under this Agreement or any other Loan Document shall be satisfied, if at all, out of Lender's interest in the Property only. No such obligation or liability shall be personally binding upon, nor shall resort for the enforcement thereof be had to, the property of any of Lender's shareholders, directors, officers, employees or agents, regardless of whether such obligation or liability is in the nature of contract, tort or otherwise. [NO FURTHER TEXT ON THIS PAGE]
Limitation on Liability of Lender’s Officers, Employees, etc. Any obligation or liability whatsoever of Administrative Agent or any Lender which may arise at any time under this Agreement or any other Loan Document shall be satisfied, if at all, out of Administrative Agent's or such Lender's respective assets only. No such obligation or liability shall be personally binding upon, nor shall resort for the enforcement thereof be had to, the property of any of Administrative Agent's or any Lender's shareholders, directors, officers, employees or agents, regardless of whether such obligation or liability is in the nature of contract, tort or otherwise.
Limitation on Liability of Lender’s Officers, Employees, etc. Any obligation or liability whatsoever of Lender which may arise at any time under this Agreement, any other Loan Document, or the Environmental Indemnity Agreement shall be satisfied, if at all, out of the Lender's assets only. No such obligation or liability shall be personally binding upon, nor shall resort for the enforcement thereof be had to, the property of any of Lender's shareholders, directors, officers, employees or agents, regardless of whether such obligation or liability is in the nature of contract, tort or otherwise. LOAN AGREEMENT Page 45 Equity Inns- ____________ Loan No. ________________ EXECUTED by the undersigned under seal with the intent that this instrument be an instrument under seal as of the day, month and year first above written. LENDER: GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation By: [SEAL] ----------------------------- David R. Martindale, Managing Xxxxxxxx XXXROWER: EQI [__________] PARTNERSHIP, L.P., a Tennessee limited partnership By: EQI [________] CORPORATION, a Tennessee corporation, its General Partner By: [SEAL] ----------------------------- Name: ---------------------------------- Title: --------------------------------- LOAN AGREEMENT Signature Page Equity Inns- ____________ Loan No. ________________ JOINDER
Limitation on Liability of Lender’s Officers, Employees, etc. Any obligation or liability whatsoever of Lender which may arise at any time under this Agreement, any other Loan Document, or the Environmental Indemnity Agreement shall be satisfied, if at all, out of the Lender’s assets only. No such obligation or liability shall be personally binding upon, nor shall resort for the enforcement thereof be had to, the property of any of Lender’s shareholders, directors, officers, employees or agents, regardless of whether such obligation or liability is in the nature of contract, tort or otherwise. [Remainder of page intentionally left blank.] EXECUTED as of the date first written above. LENDER: GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation By: /s/ Xxxxx X. Xxxxxxxxxx Xxxxx X. Xxxxxxxxxx Managing Director BORROWER: EXTRA SPACE OF NEW JERSEY, L.L.C., a New Jersey limited liability company By: ESS New Jersey LLC, a Delaware limited liability company, its sole member By: /s/ Xxxx X. Xxxxxxxxxxx Name: Xxxx X. Xxxxxxxxxxx Title: Manager JOINDER